Lopez v. Gee Doc.

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Case 3:05-cv-04333-MMC Document 3 Filed 11/03/2005 Page 1 of 1

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5 IN THE UNITED STATES DISTRICT COURT

6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VINCENT M. LOPEZ, ) No. C 05-4333 MMC (PR)
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Plaintiff, ) ORDER OF DISMISSAL
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v. )
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ALEXANDER LORENZO GEE, ) (Order No. 2)
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Defendant. )
12 ____________________________ )
United States District Court

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13 Plaintiff, an inmate at Pelican Bay State Prison proceeding pro se, filed the above-titled
For the Northern District of California

14 civil rights complaint against Alexander Lorenzo Gee, his cellmate at PBSP. He alleges that
15 Gee sexually harassed and threatened him in violation of 42 U.S.C. § 1983.
16 The claims in the instant complaint are identical to the claims alleged by plaintiff in
17 another action, which was dismissed for failure to state a cognizable claim for relief. See
18 Lopez v. Gee, No. C 05-2539 MMC (PR). A complaint that merely repeats pending or
19 previously litigated claims is frivolous and may be dismissed sua sponte. See Cato v. United
20 States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995); Bailey v. Johnson, 846 F.2d 1019, 1021 (5th
21 Cir. 1988). As the claims in plaintiff’s complaint are duplicative of the claims raised in
22 plaintiff’s earlier-filed case, the instant action is hereby DISMISSED as duplicative. In light of
23 this dismissal, the application to proceed in forma pauperis is DENIED, and no fee is due.
24 The Clerk shall close the file and terminate Docket No. 2.
25 IT IS SO ORDERED.
26 DATED: November 3, 2005
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27 MAXINE M. CHESNEY
United States District Judge
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